99 KAR 10 PM12 - IRRC

(1) Agency

Department of State, Bureau of Professional and OccupationalAffairs, State Board of Landscape Architects

(2) LD. Number (Governor's Office Use)

No. 16A-614

This space for use by IRRC

99 KAR 10 PM12: {0

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Mizner

IRRC Number: r P O / V(3) Short Title

Examination Fees

(4) PA Code Cite

49 Pa. Code §15.12

(5) Agency Contacts & Telephone Numbers

Primary Contact: April L. McClaine, CounselState Board of Landscape Architects (3-7200)

Secondary Contact: Joyce McKeever, Deputy ChiefCounsel, Department of State (3-7200)

(6) Type of Rulemaking (check one)

Proposed RulemakingFinal Order Adopting Regulation

X Final Order, Proposed RulemakingOmitted

(7) Is a 120-Day Emergency CertificationAttached?

_JLNoYes: By the Attorney GeneralYes: By the Governor

(8) Briefly explain the regulation in clear and nontechnical language.

The regulation revises fees for the national landscape architect licensure examinations (L.A.R.E.)commencing June 1999, and incorporates new examination section designations.(9) State the statutory authority for the regulation and any relevant state or federal court decisions.

The regulation is adopted under Section 812.1 of the Administrative Code of 1929, Act of April 9,1929. PL. 177. as amended. 71 P.S. §279.3a. and Sections 4(21 4f9) and 5fa) of the LandscapeArchitects' Registration Law, Act of January 24,1966, P.L. 1527, as amended. 63 P.S. §§904(2), 904(9)and 905(a).

Page 1 of 8

iiiiiiiB:iiiiiiiiii!(10) Is the regulation mandated by any federal or state law or court order, or federal regulation? If yes,cite the specific law, case or regulation, and any deadlines for action.

Yes. Section 5(a) of the Landscape Architects' Registration Law (63 P.S. §905(a)) requires that allfees be fixed by the Board by regulation.

(11) Explain the compelling public interest that justifies the regulation. What is the problem itaddresses?

The regulation is necessary to insure that the applicants' fees cover the cost of the examinations andto comply with Section 812.1 of the Administrative Code of 1929, 71 P.S. §279.3a.

(12) State the public health, safety, environmental or general welfare risks associated withnonregulation.

If the examination fees are not established by regulation, the Board will not be in compliance withthe law and prospective landscape architects will be unable to obtain licensure in the most cost-effectivemanner, thereby inhibiting public access to qualified landscape architectural services.

(13) Describe who will benefit from the regulation. (Quantify the benefits as completely as possibleand approximate the number of people who will benefit.)

Applicants for the examination will benefit from the regulation. Without a regulation adopting feeincreases for the examination, the Board will not be able to implement its contract with its professionaltesting organization, C.L.A.R.B., to administer the L.A.R.E, examination.

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mmmmmmmmm(14) Describe who will be adversely affected by the regulation. (Quantify the adverse effects ascompletely as possible and approximate the number of people who will be adversely affected.)

The regulation will create no adverse effects on any person or group of persons. In fact, all willbenefit. See paragraphs 12 and 13.

(15) List the persons, groups or entities that will be required to comply with the regulation.(Approximate the number of people who will be required to comply.)

Applicants for licensure by examination will be required to comply with the regulation in order to sitfor the licensure examination. Based on FY '97-'98 numbers, the Board estimates that approximately67 persons will apply to take the L.A.R.E. examinations in the Commonwealth each fiscal year.

(16) Describe the communications with and input from the public in the development and drafting ofthe regulation. List the persons and/or groups who were involved, if applicable.

The Board has not communicated with or received input from regulated interests in the developmentand drafting of this regulation because the fees represent the actual contractual rate for the professionaltesting agency to develop, administer and grade the licensure examination. Under these circumstances,public comment is unnecessary. All persons affected by the increase in fees, however, will be givenactual notice of the Board's intention to amend the regulation in advance of final rulemaking pursuant tosection 204(2) of the Commonwealth Documents Law, 45 P.S. §1204(2).(17) Provide a specific estimate of the costs and/or savings to the regulated community associated withcompliance, including any legal, accounting or consulting procedures which may be required.

The cost for the complete L.A.R.E. in FY '97-'98 was $540. In FY '98-'99, the total cost will notchange. In FY *99-900, the total cost will be $570. Each applicant will therefore pay an additional $30in FY '99-'00 to take the L.A.R.E. Based on 67 applicants per fiscal year, the total increased cost to allPennsylvania applicants in the aggregate is $2,010 for FY '99-'00.

No legal, accounting or consulting procedures will be required.

Page 3 of 8

mmmmmmmmm(18) Provide a specific estimate of the costs and/or savings to local governments associated withcompliance, including any legal, accounting or consulting procedures which may be required.

The regulation will not result in costs or savings to local governments.

(19) Provide a specific estimate of the costs and/or savings to state government associated with theimplementation of the regulation, including any legal, accounting, or consulting procedures which maybe required.

The regulation will not impose any costs or savings on state government.

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(20) In the table below, provide an estimate of the fiscal savings and costs associated withimplementation and compliance for the regulated community, local government, and state governmentfor the current year and five subsequent years.

SAVDfGS:

Regulated

Local Government

State Government

Total Savings

COSTS:

Regulated

Local Government

State Government

Total Costs

REVENUE LOSSES:

Regulated

Local Government

State Government

Total Revenue Losses

Current FY

1998-99

no change

FY+l

1999-2000

$30 per

applicant

FY+2

$

FY+3

$

FY+4

$

FY+5

$

(20a) Explain how the cost estimates listed above were derived.

See paragraph 17.

Page 5 of8

(20b) Provide the past three year expenditure history for programs affected by the regulation.

ProgramBecause

applicants

pay for actual

examination costs,

FY-3

government expends no funds.

Current FY

(21) Using the cost-benefit information provided above, explain how the benefits of the regulationoutweigh the adverse effects and costs.

Government program expenditures are not implicated by direct costs to applicants for examinationfees. Applicants for licensure by examination, however, will experience a slight increase in costs to sitfor future L.A.R.E. examinations.

(22) Describe the nonregulatory alternatives considered and the costs associated with those alternatives.Provide the reasons for their dismissal.

Inasmuch as licensing boards are required to contract with a professional testing organization toprepare and administer the licensure examination and to establish examination fees by regulation, noother regulatory approaches were considered.

(23) Describe alternative regulatory schemes considered and the costs associated with those schemes.Provide the reasons for their dismissal.

See paragraph 22.

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mmmsmmmmm(24) Are there any provisions that are more stringent than federal standards? If yes, identify thespecific provisions and the compelling Pennsylvania interest that demands stronger regulation.

Federal law is not implicated by this regulation.

(25) How does this regulation compare with those of other states? Will the regulation put Pennsylvaniaat a competitive disadvantage with other states?

The regulation will not put Pennsylvania at a competitive disadvantage with other states. All otherjurisdictions who license landscape architects utilize the L.A.R.E. examinations to qualify applicants forlicensure.

(26) Will the regulation affect existing or proposed regulations of the promulgating agency or otherstate agencies? If yes, explain and provide specific citations.

No other regulations will be affected.

(27) Will any public hearings or informational meetings be scheduled? Please provide the dates, times,and locations, if available.

No hearings are necessary. See paragraphs 16 and 22.

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iiiiiiii:iiiiii;iiirii(28) Will the regulation change existing reporting, record keeping, or other paperwork requirements?Describe the changes and attach copies of forms or reports which will be required as a result ofimplementation, if available.

Application forms for licensure by examination will be amended to reflect new examinationnomenclature and fees.

(29) Please list any special provisions which have been developed to meet the particular needs ofaffected groups or persons including, but not limited to, minorities, elderly, small businesses, andfarmers.

This regulation applies to all applicants for licensure by examination. The Board has perceived nospecial needs of any subset or group which should be excepted.

(30) What is the anticipated effective date of the regulation; the date by which compliance with theregulation will be required; and the date by which any required permits, licenses or other approvals mustbe obtained?

Inasmuch as the contracted price for examination services covered by these fees and new examsection designations apply to L.A.R.E. licensure examinations administered on and after June 1999, theregulation should be adopted as soon as possible in order to allow applicants to qualify for theexaminations.

(31) Provide the schedule for continual review of the regulation.

The Bureau of Professional and Occupational Affairs constantly monitors the effectiveness of theBoard's examination program. The fees imposed by this regulation are established by contract. Nosunset date has been assigned.

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FEE REPORT FORM

Agency:

Contact:

Phone No.

State - BPOA

C. Michael Weaver

783-7194

01/06/99

Fee Title, Rate and Estimated Collections:Fee for the Landscape Architect Registration Examination (L.A.R.E.)

Estimated Biennial Revenue: $ 0 (fees submitted directly to professional testingorganization)

Fee Description:L.A.R.E. 6/99

Section A: $ 40.00

Section B: $ 75.00

Section C: $150.00

Section D: $125.00

Section £: $150.00

L.A.R.E. 12/99

n/a

n/a

$160.00

$130.00

$160.00

Administration of examination for one section or more:

Fee Objective:

L.A.R.E. 6/2000

$ 40.00

$ 80.00

$160.00

$130.00

$160.00

$45.00

The fee should offset the contracted cost incurred to purchase, grade and administer theindividual sections of the L.A.R.E.

Fee-Related Activities and Costs:Actual, contractual rate to develop and grade the examination: as noted aboveActual, contractual rate to administer the examination: $ 45.00

Analysis, Comment, and Recommendation:It is recommended that fees as noted be established for the Landscape ArchitectRegistration Examination.

FACE SHEETFOR FILING DOCUMENTS

WITH THE LEGISLATIVE REFERENCE BUREAU

(Pursuant to Commonwealth Documents Law)

RECCEDS9KfcRlQ PHI2M0

UUdOxf

" REVBV um

DO NOT WRITE IN THIS SPACE

Copy below is hereby approved as toform and legality. Attorney General

(DEPUTY ATTORNEY GENERAL)

DATE OF APPROVAL

[ ] Check if applicableCopy not approved.Objections attached.

Copy below is hereby certified to be a true and correctcopy of a document issued, prescribed or promulgated by:

State Board of Landscape Architec

DOCUMEHT/FISCAL NOTE NO. 1 6 A - 6 1 4

7

B^T*-David M. Dutot, L.A.

TITLE: Chairman(EXECUTIVE OFFICER, CHAIRMAN OR SECRETARY)

Copy below is approved asto form and legality.Executive or Independent

T

APPROVAL

(Deputy General Counsel(«h±«f Counsel,Jmiiif mil Agency(Strike inapplicable

[ 3 Check ifapplicable. No AttorneyGeneral approval orobjection within 30 dayafter submission.

NOTICE OF PROPOSED OMITTED RULEMAKINGCOMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF STATEBUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

STATE BOARD OF LANDSCAPE ARCHITECTS49 PA. CODE, CHAPTER 15

EXAMINATION FEES

January 5, 1999

By this order, the State Board of Landscape Architects amends 49 Pa. Code, §15.12,pertaining to examination fees for licensure of landscape architects, as set forth in Annex A.

Under Section 812.1 of the Administrative Code, 71 P.S. §279.3a, examinations forlicensure must be prepared and administered by a professional testing organization undercontract to the appropriate board. The Board contracts with the Council of LandscapeArchitectural Registration Boards (C.L.A.R.B.) to provide the Landscape Architect RegistrationExamination (L.A.R.E.) to Pennsylvania applicants. Costs for examination services will increaseslightly beginning with the December 1999 examinations. This regulation will update fees forexaminations to applicants for licensure as landscape architects in accordance with the new costs.

The regulation will also incorporate revised section designations which will be utilizedbeginning with the June 1999 L.A.R.E. administration. Alphabetical, rather than numerical,designations will identify the various sections of the L.A.R.E. A new Section C will replace oldSections 3 and 4 which were administered for the last time in December 1998. Applicants whohave passed either Section 3 or Section 4, but not both, will be required to complete new SectionC. Those who have passed both Sections 3 and 4 will be given credit for new Section C.

The following chart summarizes the section designation changes.

Current (1998) L.A.R.E. Equivalent New (19991 L.A.R.E. Title

Section 1 - Legal and Administrative Aspects Section A - Legal and Administrativeof Practice Aspects of Practice

Section 2 - Analytical and Technical Aspects Section B - Analytical Aspects of Practiceof Practice

Section 3 - Conceptualization and Section C - Planning and Site DesignCommunication; andSection 4 - Design Synthesis

Section 5 - Integration of Technical and Section D - Structural Considerations andDesign Requirements Materials and Methods of Construction

Section 6 - Grading and Drainage Section E - Grading, Drainage and StormWater Management

Public notice of intention to amend the regulations under procedures in Sections 201 and202 of the Commonwealth Documents Law, 45 P.S. §§1201-1202, has been omitted under

1

Januarys, 1999

Section 204(3) of the Commonwealth Documents Law, 45 P.S. §1204(3), because the Boardfinds that these procedures are, under the circumstances, unnecessary. Public comment isunnecessary because Section 812.1 of the Administrative Code requires that candidate fees coverthe cost of the examination. All persons affected by this regulation, however, have been or willbe given actual notice of the Board's intention to adopt this regulation in advance of finalrulemaking under Section 204(2) of the Commonwealth Documents Law, 45 P.S. §1204(2).

COMPLIANCE WITH EXECUTIVE ORDER 1996-1

The Board reviewed this regulation and considered its purpose and likely impact upon thepublic and the regulated population under the directives of Executive Order 1996-1 (relating toregulatory review and promulgation). This regulation addresses a compelling public interest asdescribed in this Preamble and otherwise complies with Executive Order 1996-1.

STATUTORY AUTHORITY

This regulation is proposed under Section 812.1 of the Administrative Code and Sections4(2), 4(9) and 5(a) of the Landscape Architects' Registration Law, Act of January 24, 1966, P.L.1527, as amended. 63 P.S. §§904(2), 904(9) and 905(a).

FISCAL IMPACT AND PAPERWORK REQUIREMENTS

This regulation will have no fiscal impact on the Commonwealth or its political subdivisions.Applicants for the licensure examinations will be required to pay slightly increased fees to covercontract costs for the examinations.

This regulation will not create new paperwork requirements for the Commonwealth, itspolitical subdivisions or the private sector.

REGULATORY REVIEW

Under Section 5(f) of the Regulatory Review Act, 71 P.S. §745.5(f), a copy of this regulationwas submitted on /VJOb/xJC / Oj /fff , t o the Independent Regulatory ReviewCommission (IRRC) and the Chairmen of the Senate Committee on Consumer Protection andProfessional Licensure and the House Committee on Professional Licensure. At the same time, acopy of this regulation was submitted to the Attorney General for review and comment under theCommonwealth Attorneys Act, 71 P.S. §732-101 et seq.

Under Section 5(c) of the Regulatory Review Act, 71 P.S. §745.5(c), this regulation was(deemed) approved by the House Committee on , (deemed) approved by the

16A-614January 5, 1999

Senate Committee on , and approved by IRRC on .

ADDITIONAL INFORMATION

Individuals who desire information may submit inquiries to Shirley S. Klinger, BoardAdministrator, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649.The telephone number of the Board is (717) 772-8528.

The State Board of Landscape Architects finds:

1. That public notice of intention to amend the regulations as adopted by this Orderunder the procedures in Sections 201 and 202 of the Commonwealth Documents Law has beenomitted under Section 204(3) of the Commonwealth Documents Law because the Board has, forgood cause, found that the procedures in Sections 201 and 202 are, in this circumstance,unnecessary, inasmuch as Section 812.1 of the Administrative Code requires that applicant feescover the cost of the examination.

2. That all persons affected by the regulation as adopted by this Order have been or willbe given actual notice of the Board's intention to amend the regulations in advance of finalrulemaking under Section 204(2) of the Commonwealth Documents Law.

3. That the amendment of the regulations of the Board in the manner provided in thisOrder is necessary and appropriate for the administration of its authorizing statute.

The State Board of Landscape Architects, acting under its authorizing statutes, orders:

A. Regulations of the State Board of Landscape Architects are hereby amended byamending Section 15.12, as set forth in Annex A hereto.

B. The Chairman of the State Board of Landscape Architects shall submit this Order andAnnex A hereto to the Office of General Counsel and the Office of Attorney General for approvalas to legality as required by law.

C. The Chairman of the State Board of Landscape Architects shall certify this Order andAnnex A hereto and deposit them with the Legislative Reference Bureau as required by law.

D. This Order shall become effective upon publication in the Pennsylvania Bulletin.

January 5,1999

ANNEX ATITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

PARTI. DEPARTMENT OF STATESUBPART A. PROFESSIONAL AND OCCUPATIONAL AFFAIRSCHAPTER 15. STATE BOARD OF LANDSCAPE ARCHITECTS

APPLICATION PROCEDURES

§15.12. Fees.

Following is the schedule of fees charged by the Board:

(1) Application for examination $40(2) Certification of licensure or scores $15

(3) [Partial licensing examination for:]Feeper section of licensing examination:

(i) [June 1998:

(A) Section 1 $39

(B) Section 2 $69(C) Section 3 $108(D) Section 4 $108(E) Section 5 $108(F) Section 6 $108

(ii) December 1998:

(A) Section 1 Not available(B) Section 2 Not available(C) Section 3 $108(D) Section 4 $108(E) Section 5 $108(F) Section 6 $108

(iii) June 1999:

(A) Section 1 $39(B) Section 2 $69(C) Section 3 $108

January 5,1999

(D) Section 4 $108(E) Section 5 $108(F) Section 6 $108

(iv) December 1999:

(A) Section 1 Not available(B) Section 2 Not available(C) Section 3 $115(D) Section 4 $115(E) Section 5 $115(F) Section 6 $115

(v) June 2000:

(A) Section 1 _ $40(B) Section 2 $70(C) Section 3 $115(D) Section 4 $115(E) Section 5 $115(F) Section 6 $115]

June 1999:

Section A $40Section B $75Section C $150Section D $125Section E $150

00 December 1999:

Section A not administeredSection B not administeredSection C $160Section D $130Section E $160

(ml June 2000:

16A-614January 5,1999

Section A $40Section B $80Section C $160Section D $130Section E $160

(4) Administration of examination for one section or more $45

(5) [Landscape Architect Exam Review (optional) $75

(6)] Application for licensure without examination:

(i) With proof of licensure $45

(ii) Without proof of licensure $255

[(7)]© Duplicate certificate fee $5

[(8)]{7} Biennial registration fee $125

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRSSTATE BOARD OF LANDSCAPE ARCHITECTS

116 PINE STREETP . O . BOX 2649

(717) 783-3397 HARRISBURG, PA17105-2649

March 10, 1999

The Honorable John R. McGinley, Jr.Chairman, Independent Regulatory Review CommissionHarristown 2, 14th Floor333 Market StreetHarrisburg, PA 17101

RE: Final/Proposed Omitted Regulation:State Board of Landscape ArchitectsExamination Fees: 16A-614

Dear Chairman McGinley:

Enclosed is a copy of a final/proposed omitted rulemaking package of the State Board ofLandscape Architects pertaining to examination fees.

The Board will be pleased to provide whatever information the Commission may requireduring the course of its review of the rulemaking.

Sincerely,

David M. DuTot, LA, ChairmanState Board of Landscape Architects

DMD:ALM:apmEnclosures

cc: Hon. Kim Pizzingrilli, Secretary of the CommonwealthDepartment of State

Deborah M. Griffiths, Regulatory Review OfficerDepartment of State

Robert J. DeSousa, Chief CounselDepartment of State

Joyce McKeever, Deputy Chief CounselDepartment of State

Dorothy Childress, CommissionerBureau of Professional and Occupational Affairs

State Board of Landscape Architects

TRANSMTTTAL SHEET FOR REGULATIONS SUBJECT TO THEREGULATORY REVIEW ACT

ID. NUMBER:

SUBJECT:

AGENCY:

State Board of Landscape Architects

DEPARTMENT OF STATE

99MAR 10 PMI&IO

TYPE OF REGULATION

Proposed Regulation

Final Regulation

Final Regulation with Notice of Proposed Rulemaking Omitted

120-day Emergency Certification of the Attorney General

120-day Emergency Certification of the GovernorDelivery of Tolled Regulationa. With Revisions b. Without Revisions

FILING OF REGULATION

DATE SIGNATURE DESIGNATION

^Q/-r -> b s ^ ___< , K ^ _ X HOUSE COMMITTEE ON PROFESSIONAL LICENSURE

MAR 1 0 t

/

•f i-*J(ti4-3J,*p

SENATE COMMITTEE ON CONSUMER PROTECTION &PROFESSIONAL LICENSUSRE

t INDEPENDENT REGULATORY REVIEW COMMISSION

ATTORNEY GENERAL

LEGISLATIVE REFERENCE BUREAU

February 25, 1999